In medical malpractice cases, who bears the burden of proof?

In medical malpractice cases, the burden of proof lies with the plaintiff, which is the individual bringing the case. This means that the plaintiff must provide sufficient evidence to support their claim that the healthcare provider failed to meet the standard of care, resulting in injury or harm.

To establish a medical malpractice claim, the plaintiff needs to demonstrate four key elements: the existence of a physician-patient relationship, a breach of the duty of care by the healthcare provider, causation linking the breach to the injury, and actual damages suffered by the patient. This evidentiary responsibility is fundamental in legal proceedings because it determines whether the case will proceed to trial and how the jury will assess the merits of the case.

The other entities involved have different roles. While the healthcare provider may need to defend against the claims made by the plaintiff, it is not their responsibility to prove their innocence; instead, the burden of proof rests with the plaintiff to establish the validity of their claims. Likewise, the insurance company may play a role in the defense or settlement of the case, but it does not carry the burden of proof. The court's role is to evaluate the evidence presented and make rulings based on the law, but it does not bear the burden of proof in a